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Maurice Hinchey on Crime

Dem./Ind./Lib./Working-Fam. Representative (NY-22)


Voted YES on enforcing against anti-gay hate crimes.

Congressional Summary:Adopts the definition of "hate crime" as set forth in the Violent Crime Control and Law Enforcement Act of 1994: a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person. Provides technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of hate crimes, including financial grant awards.

Proponent's argument to vote Yes:Rep. JOHN CONYERS (D, MI-14):This bill expands existing Federal hate crimes law to groups who are well-known targets for bias-based violence--they are sexual orientation, gender, gender identity, and disability. These crimes of violence are directed not just at those who are directly attacked; they are targeting the entire group with the threat of violence.

Opponent's argument to vote No:Rep. LAMAR SMITH (R, TX-21): Every year thousands of violent crimes are committed out of hate, but just as many violent crimes, if not more, are motivated by something other than hate--greed, jealousy, desperation or revenge, just to name a few. An individual's motivation for committing a violent crime is usually complex and often speculative. Every violent crime is deplorable, regardless of its motivation. That's why all violent crimes should be vigorously prosecuted. Unfortunately, this bill undermines one of the most basic principles of our criminal justice system--equal justice for all. Under this bill, justice will no longer be equal. Justice will now depend on the race, gender, sexual orientation, disability or other protected status of the victim. It will allow different penalties to be imposed for the same crime. This is the real injustice.

Reference: Local Law Enforcement Hate Crimes Prevention Act; Bill HR.1913 ; vote number 2009-H223 on Apr 2, 2009

Voted YES on funding for alternative sentencing instead of more prisons.

Vote on an amendment that would reduce the funding for violent offender imprisonment by and truth-in-sentencing programs by $61 million. The measure would increase funding for Boys and Girls Clubs and drug courts by the same amount.
Reference: Amendment sponsored by Scott, D-VA; Bill HR 4690 ; vote number 2000-317 on Jun 22, 2000

Voted NO on more prosecution and sentencing for juvenile crime.

Vote to pass a bill to appropriate $1.5 billion to all of the states that want to improve their juvenile justice operations. Among other provisions this bill includes funding for development, implementation, and administration of graduated sanctions for juvenile offenders, funds for building, expanding, or renovating juvenile corrections facilities, hiring juvenile judges, probation officers, and additional prosecutors for juvenile cases.
Reference: Bill introduced by McCollum, R-FL; Bill HR 1501 ; vote number 1999-233 on Jun 17, 1999

Voted YES on maintaining right of habeas corpus in Death Penalty Appeals.

Vote on an amendment to delete provisions in the bill that would make it harder for prisoners who have been given the death penalty in state courts to appeal the decision on constitutional grounds in the federal courts ['Habeas Corpus'].
Bill HR 2703 ; vote number 1996-64 on Mar 14, 1996

Voted NO on making federal death penalty appeals harder.

Vote on a bill to make it harder for prisoners who have been given the death penalty in state courts to appeal the decision on constitutional grounds in the federal courts.
Bill HR 729 ; vote number 1995-109 on Feb 8, 1995

Voted YES on replacing death penalty with life imprisonment.

Amendment to replace death penalty crimes in the 1994 Omnibus Crime Bill with life imprisonment.
Bill HR 4092 ; vote number 1994-107 on Apr 14, 1994

Rated 80% by CURE, indicating pro-rehabilitation crime votes.

Hinchey scores 80% by CURE on rehabilitation issues

CURE (Citizens United for Rehabilitation of Errants) is a membership organization of families of prisoners, prisoners, former prisoners and other concerned citizens. CURE's two goals are

  1. to use prisons only for those who have to be in them; and
  2. for those who have to be in them, to provide them all the rehabilitative opportunities they need to turn their lives around.
The ratings indicate the legislatorís percentage score on CUREís preferred votes.
Source: CURE website 00n-CURE on Dec 31, 2000

Moratorium on death penalty; more DNA testing.

Hinchey co-sponsored a bill limiting capital punishment:

H.R. 1038, S.233:

To place a moratorium on executions by the Federal Government and urge the States to do the same, while a National Commission on the Death Penalty reviews the fairness of the imposition of the death penalty .
S.486 & H.R.912:
To reduce the risk that innocent persons may be executed [by examining DNA evidence more thoroughly].
Source: H.R.912 01-HR1038 on Mar 7, 2001

More funding and stricter sentencing for hate crimes.

Hinchey co-sponsored the Local Law Enforcement Hate Crimes Prevention Act:

Title: To provide Federal assistance to States and local jurisdictions to prosecute hate crimes.

Summary: Provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any violent crime that is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim or is a violation of hate crime laws.

  1. Award grants to assist State and local law enforcement officials with extraordinary expenses for interstate hate crimes.

  2. Award grants to State and local programs designed to combat hate crimes committed by juveniles.

  3. Prohibit specified offenses involving actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability.

  4. Increase criminal sentencing for adult recruitment of juveniles to commit hate crimes.

  5. Collect and publish data about crimes that manifest evidence of prejudice based on gender.
Source: House Resolution Sponsorship 01-HR1343 on Apr 3, 2001

Require DNA testing for all federal executions.

Hinchey co-sponsored the Innocence Protection Act:

Title: To reduce the risk that innocent persons may be executed.

    Summary: Authorizes a person convicted of a Federal crime to apply for DNA testing to support a claim that the person did not commit:

  1. the Federal crime of which the person was convicted; or

  2. any other offense that a sentencing authority may have relied upon when it sentenced the person with respect to such crime.

  3. Prohibits a State from denying an application for DNA testing made by a prisoner in State custody who is under sentence of death if specified conditions apply.

  4. Provides grants to prosecutors for DNA testing programs.

  5. Establishes the National Commission on Capital Representation.

  6. Withholds funds from States not complying with standards for capital representation.

  7. Provides for capital defense incentive grants and resource grants.

  8. Increases compensation in Federal cases, and sets forth provisions regarding compensation in State cases, where an individual is unjustly sentenced to death.

  9. Adds a certification requirement in Federal death penalty prosecutions.

  10. Expresses the sense of Congress regarding the execution of juvenile offenders and the mentally retarded.
Source: House Resolution Sponsorship 01-HR912 on Mar 7, 2001

Stricter sentencing for hate crimes.

Hinchey co-sponsored stricter sentencing for hate crimes

Congressional Summary:

Proponents' Argument in Favor:Rep. SENSENBRENNER. This bill does not create a new Federal crime. Nothing that is presently not criminal now would be made criminal as a result of enactment. What enactment of H.R. 1152 will do is provide for enhanced criminal penalties for certain specifically designated hate crimes. As used in the bill, the term hate crime is defined as a Federal crime in which the defendant intentionally selects a victim because of the actual or perceived race, color, religion, national origin, ethnicity, gender, or sexual orientation of the person. Hate crimes are more serious offenses and often result in a greater level of injury to the victim and to society.

Source: Hate Crimes Sentencing Enhancement Act (H.R.1152) 1993-H1152 on Mar 1, 1993

Life imprisonment for repeat sexual predators.

Hinchey co-sponsored restricting parole for repeat sexual predators

Source: Protection from Sexual Predators Act (H.R.3990) 1994-H3990 on Mar 9, 1994

2012 Governor, House and Senate candidates on Crime: Maurice Hinchey on other issues:
NY Gubernatorial:
Andrew Cuomo
Mike Bloomberg
NY Senatorial:
Bob Turner
Charles Schumer
Colia Clark
George Maragos
Kirsten Gillibrand
Scott Noren

Retiring to run for other office:

Running for President:
TX-14:Ron Paul(R)

Running for Mayor:
CA-51:Bob Filner(D)

Running for Governor:
IN-6:Mike Pence(R)
WA-1:Jay Inslee(D)

Running for Senate:
AZ-6:Jeff Flake(R)
CT-5:Chris Murphy(R)
FL-14:Connie Mack(R)
HI-2:Mazie Hirono(D)
IN-2:Joe Donnelly(D)
MO-2:Todd Akin(R)
MT-0:Dennis Rehberg(R)
ND-0:Rick Berg(D)
NM-1:Martin Heinrich(D)
NV-1:Shelley Berkley(D)
NY-9:Bob Turner(R)
WI-2:Tammy Baldwin(D)
Lost Primary 2012:
IL-16:Donald Manzullo(R)
NJ-9:Steven Rothman(D)
OH-2:Jean Schmidt(R)
OH-9:Dennis Kucinich(D)
PA-4:Jason Altmire(D)
PA-17:Tim Holden(D)
TX-16:Silvestre Reyes(D)

Retiring 2012:
AR-4:Mike Ross(D)
AZ-8:Gabby Giffords(D)
CA-2:Wally Herger(R)
CA-6:Lynn Woolsey(D)
CA-18:Dennis Cardoza(R)
CA-24:Elton Gallegly(D)
CA-26:David Dreier(R)
CA-41:Jerry Lewis(R)
IL-12:Jerry Costello(D)
IL-15:Timothy Johnson(R)
IN-5:Dan Burton(R)
KY-4:Geoff Davis(R)
MA-1:John Olver(D)
MA-4:Barney Frank(D)
MI-5:Dale Kildee(D)
NC-9:Sue Myrick(R)
NC-11:Heath Shuler(D)
NC-13:Brad Miller(D)
NY-5:Gary Ackerman(D)
NY-10:Ed Towns(D)
NY-22:Maurice Hinchey(D)
OH-7:Steve Austria(R)
OK-2:Dan Boren(D)
PA-19:Todd Platts(R)
TX-20:Charles Gonzalez(D)
WA-6:Norm Dicks(D)
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Page last updated: Jun 11, 2012